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2025 Supreme(Online)(Mad) 73193

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice KRISHNAN RAMASAMY
GREEN AND BROWN DEVELOPERS PVT LTD – Appellant
Versus
THE SECRETARY HOUSING AND URBAN DEPARTMENT – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-11-2025 CORAM THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY Green And Brown Developers Pvt Ltd., Rep By Its Managing Director, Mr.Dinesh Kumar Dharmachand, No.18, Karikilli Village, Madhurandhagam Taluk, Chengalpattu-603 107.

Petitioner(s)

Vs

1.The Secretary Housing And Urban Department, Housing And Urban Development Department, Secretariat, Chennai-600 009.

2.The District Collector, District Collectorate Complex, Vedanarayanapuram, Venbakkam, Chengalpattu-603 111.

3.Assistant Director DTCP, Office Of The Directorate Of Town And Country Planning D-Block, 4th Floor, District Collectorate Complex, Vedanarayanapuram, Venbakkam, Chengalpattu-603 111.

4.Sub Registrar, Salavakkam, Madhurandhagam Circle, Chengalpattu-603 107.

5.Tahsildar, Tahsildar Office, Madurandhagam, Chengalpattu -603 306.

6.Karikilli Village Panchayat President Nelvoy Post Via Salavakkam, Madhuranthagam Taluk, Chengalpattu-603 107

7.Forest Wild Life Warden, Guindy Children Park, Chennai – 600 022.

Respondent(s)

PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the respondents 2 to 6 to come forth and cancel the Gift deed dated 01.03.2013 registered as Doc.No.487 of 2013 on the files of the 4th respondent herein and subsequently direct the respondents to re-convey the donated land to the petitioner within a period of three weeks.

For Petitioner(s): Mr.M.S.Krishnan Senior Counsel for Mr.Roopesh For Respondent(s): Mrs.S.Indhu Bala Additional Governmnet Pleader For R1 to R3 & R5 Mr.Abhishek Murthy Govt Advocate for R4 Mr.P.Harish Governmnet Advocate for R6 Mr.M.Premkumar Government Advocate for R7

ORDER

This writ petition has been filed by the petitioner seeking to direct the respondents 2 to 6 to come forth and cancel the Gift deed dated 01.03.2013 registered as Doc.No.487 of 2013 on the files of the 4th respondent herein and subsequently direct the respondents to re-convey the donated land to the petitioner within a period of three weeks.

2,Mr.M.S.Krishnan, learned Senior Counsel for Mr.Roopesh, learned counsel for the petitioner would submit that the petitioner Company purchased 4.18 acres of land at Karikilli Village, Chengalpattu District through two sale deeds and to develop the said land as layout, the petitioner applied for layout approval to the 3rd respondent. The 3rd respondent directed the petitioner to donate a specific piece of land to Karikilli Panchayat for the formation of road within the said layout and it was also informed that the petitioner Company should set up proper street lights, drain systems and cleaning facilities in the said layout. Subsequently, the petitioner Company executed a Gift Deed dated 01.03.2013 duly registered as Deed Doc.No.487/2013 on the file of the 4th respondent in favour of Karikilli Panchayat. In the meantime, the 7th respondent vide its letter C.No.3989/2011 dated 06.08.2012 addressing the 1st respondent Department urged not to approve any lands situate in Karakilli and 38 other villages on the ground that the said villages fall within the notified 5 km radius of Karikilli Bird Sanctuary. Therefore, the petitioner Company could not obtain approval from the 3rd respondent and no development has been done in the said property. Hence, he prayed to direct the respondents 2 to 6 to cancel the Gift Deed dated 01.03.2013 and handover the land to the petitioner.

3.Learned Additional Government Pleader appearing for the respondents

1 to 3 and 5, after getting instruction would submit that after the formation of layout, no developmental activities taken place in the subject property, no roads and street lights were fixed. Therefore, the 6th respondent/Panchayat also taken a decision to re-convey the land gifted by the petitioner and in this regard the learned Additional Government Pleader has placed the communication dated 19.11.2025 received from the President of the Karikilli Village before this Court.

4.Heard t

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